A/52/498
English
Page 11
educational institutions of their choice. Furthermore, the educational
institution of a minority might not be discriminated against when the State
granted aid to educational institutions. Under article 29 of the Constitution,
citizens had the right to conserve their own language and script (para. 8).
42. According to the Special Rapporteur, the Indian National Commission for
Minorities Act of 1992 recognized the Muslim, Christian, Sikh, Buddhist and
Zoroastrian minority communities. With reference to the Muslim community, which
constituted India's largest minority, the Special Rapporteur had not been
informed of any action on the part of the authorities designed to restrict
religious activities, including freedom of religious practice and freedom to
organize Muslim services, religious teachings and customs. In addition, the
Muslim community had its own educational establishments, including the madrasa
religious schools responsible for disseminating the teachings of Islam, and it
possessed a large number of places of worship.
43. According to the information he received, the Special Rapporteur mentioned
that the Christians who constituted the second largest minority in India were
not subjected to any interference of the State in their internal religious
activities. Christian minorities could establish their own schools and places
of worship, and could freely produce and disseminate religious publications.
44. With reference to the Sikh minority, the Special Rapporteur received
differing information. On the one hand, he was informed that the Sikh minority
was the victim of a policy of intolerance and discrimination based on religion
pursued by the authorities, especially in the Punjab, where the Sikhs were a
majority; on the other hand, the Special Rapporteur was informed that the
conflictual situation in the Punjab had no religious basis and was purely
political.
45. In his conclusions and recommendations, the Special Rapporteur noted
India's political commitment to "unity in diversity" which reflected a mode of
democratic organization of society based on respect for and viability of
diversity, particularly in the field of religion. He recommended that measures
be taken to neutralize and eradicate extremism, which through its influence on
the masses could well destroy community and religious harmony in India.
Special Rapporteur on the question of the human rights of all persons subjected
to any form of detention or imprisonment, in particular torture and other cruel,
inhuman or degrading treatment or punishment
46. The Special Rapporteur on torture and other cruel, inhuman or degrading
treatment or punishment, Mr. Nigel Rodley, referred in his report
(E/CN.4/1997/7/Add.1) to allegations concerning persons belonging to minorities
who had been tortured. However, it was difficult to establish whether those
persons had been tortured or subjected to ill-treatment because they belonged to
a minority. He transmitted allegations to the following Governments regarding
persons belonging to national, ethnic, religious or linguistic minorities, on
behalf of, among others: Chakmas in Bangladesh; the Roma in Bulgaria; Tibetans
in China; Turkish Cypriots in Cyprus; the Oromo in Ethiopia; Romanians in
Hungary; East Timorese and Irian Jayans in Indonesia; Arabs in Israel; members
of the Cossack community in Kazakhstan; members of the Mohajir Qaumi movement in
Pakistan; the Chechen and the Ingush in the Russian Federation; persons of
/...